People of State of New York v Diaz
Motion No: 2016-07863
Slip Opinion No: 2016 NY Slip Op 86148(U)
Decided on September 21, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218496

E/sl

THOMAS A. DICKERSON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-07863

People of State of New York, respondent,

v Brian Diaz, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to file a late notice of appeal from an order of the Supreme Court, Westchester County, dated May 11, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as the notice of appeal was timely served and filed; and it is further,

ORDERED that the motion is otherwise denied as academic.

DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court